Elements 1-n. A legal rule is so structured that the consequences designated by
the rule apply in both litigation and transactions when each element of the rule
is satisfied by a fact. These facts are labelled Facts 1-n to correspond with
Elements 1-n. Thus Fact 1 fits within and satisfies Element 1, Fact 2 fits within
and satisfies Element 2, and so on to Element n, which fits within and is
satisfied by Fact n.
Facts 1-n need to be established. In litigation facts occurred in past time and
are proved by evidence so that Evidence 1-n proves Facts 1-n. Thus Evidence
1 proves Fact 1, Evidence 2 proves Fact 2, and so on to Fact n that is proved
by Element n.
In transactions some facts can occur in past time and thus need to be proved
by evidence. Generally though, when a transaction commences most if not all
facts have not yet happened. This means that parties to the transaction create
facts in present time by taking the necessary processes (which are usually
straightforward and within the power of parties to do). In a transaction then,
Processes 1-n create Facts 1-n. Thus Process 1 creates Fact 1, Process 2
creates Fact 2, and so on to Processes n which creates Fact n.
Model
This model combines the several functions that are involved in using law. A
lawyer uses evidence to prove facts (in litigation), or creates facts by following
processes (in transactions). The right facts (commonly called the material
facts, relevant facts or the essential facts) satisfy each element of the legal rule.
When all of this happens the legal consequences apply. To explain the model
in more detail it is necessary first to set out the model in a table or diagram.
This diagram portrays a legal rule that consists of Elements 1-n. This diagram
contains three major columns. Column 1 sets out the law or legal rule that is
involved, Column 2 sets out the facts that satisfy the elements of the legal rule
while Column 3 contains the evidence or processes that can establish these
facts. This diagram takes the following form:
Law
Facts
Evidence/Process
Element 1
Fact 1
Evidence 1/Process 1
Element 2
Fact 2
Evidence 2/Process 2
Element n
Fact n
Evidence n/Process n
Consequences
Consequences 1
ConFact 1
ConEvidence 1/ConProcess 1
Consequences 2
ConFact 2
ConEvidence 2/ConProcess 2
Consequences n
ConFact n
ConEvidence n/ConProcess n
Figure 17.1 Model for Using Law
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